|  TERMS
& CONDITIONS
TERMS | PRIVACY
| DISCLAIMERS
If you do not
agree to the Terms of Use, discontinue using the site immediately!
By using this
site, you signify your Assent and Agreement to these Terms of Use.
If you do not agree to these Terms of Use, do not use the site.
Restrictions
on Use of Materials
Materials in
this website are Copyrighted and all rights are reserved. Text,
graphics, databases, HTML code, and other intellectual property
are protected by US and International Copyright Laws, and may not
be copied, reprinted, published, reengineered, translated, hosted,
or otherwise distributed by any means without explicit permission.
All of the trademarks on this site are trademarks of Malinchak.com
or of other owners used with their permission.
Database Ownership,
License, and Use
Malinchak.com
warrants, and you accept, that Malinchak.com is the owner of the
copyright of the Databases of Links to articles and resources available
from time to time through Malinchak.com. Malinchak.com and its contributors
reserve all rights and no intellectual property rights are conferred
by this agreement.
Malinchak.com
grants you a non-exclusive, non-transferable license to use database(s)
accessible to you subject to these Terms and Conditions. The database(s)
may be used only for viewing information or for extracting information
to the extent described below.
You agree to
use information obtained from Malinchak.com's databases only for
your own private use or the internal purposes of your home or business,
provided that is not the selling or broking of information, and
in no event cause or permit to be published, printed, downloaded,
transmitted, distributed, reengineered, or reproduced in any form
any part of the databases (whether directly or in condensed, selective
or tabulated form) whether for resale, republishing, redistribution,
viewing, or otherwise.
Nevertheless,
you may on an occasional limited basis download or print out individual
pages of information that have been individually selected, to meet
a specific, identifiable need for information which is for your
personal use only, or is for use in your business only internally,
on a confidential basis. You may make such limited number of duplicates
of any output, both in machine-readable or hard copy form, as may
be reasonable for these purposes only. Nothing herein shall authorize
you to create any database, directory or hard copy publication of
or from the databases, whether for internal or external distribution
or use.
Liability
The materials
in this site are provided "as is" and without warranties
of any kind either express or implied. Malinchak.com disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
Malinchak.com does not warrant that the functions contained in the
materials will be uninterrupted or error-free, that defects will
be corrected, or that this site or the server that makes it available
are free of viruses or other harmful components. Malinchak.com does
not warrant or make any representations regarding the use or the
results of the use of the materials in this site in terms of their
correctness, accuracy, reliability, or otherwise. You (and not Malinchak.com
assume the entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied warranties,
so the above exclusion may not apply to you.
Under no circumstances,
including, but not limited to, negligence, shall Malinchak.com be
liable for any special or consequential damages that result from
the use of, or the inability to use, the materials in this site,
even if Malinchak.com or a Malinchak.com authorized representative
has been advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion may
not apply to you. In no event shall Malinchak.com's total liability
to you for all damages, losses, and causes of action (whether in
contract, tort, including but not limited to, negligence or otherwise)
exceed the amount paid by you, if any, for accessing this site.
Facts and information
at this website are believed to be accurate at the time they were
placed on the website. Changes may be made at any time without prior
notice. All data provided on this website is to be used for information
purposes only. The information contained on this website and pages
within, is not intended to provide specific legal, financial or
tax advice, or any other advice, whatsoever, for any individual
or company and should not be relied upon in that regard. The services
described on this website are only offered in jurisdictions where
they may be legally offered. Information provided in our website
is not all-inclusive, and is limited to information that is made
available to Malinchak.com and such information should not be relied
upon as all-inclusive or accurate.
Links and Marks
The owner of
this site is not necessarily affiliated with sites that may be linked
to this site and is not responsible for their content. The linked
sites are for your convenience only and you access them at your
own risk. Links to other websites or references to products, services
or publications other than those of Malinchak.com and its subsidiaries
and affiliates at this website, do not imply the endorsement or
approval of such websites, products, services or publications by
Malinchak.com or its subsidiaries and affiliates.
Certain names,
graphics, logos, icons, designs, words, titles or phrases at this
website may constitute trade names, trademarks or service marks
of Malinchak.com or of other entities. The display of trademarks
on this website does not imply that a license of any kind has been
granted. Any unauthorized downloading, re-transmission, or other
copying of modification of trademarks and/or the contents herein
may be a violation of federal common law trademark and/or copyright
laws and could subject the copier to legal action.
Confidentiality
of Codes, Passwords and Information
You agree to
treat as strictly private and confidential any Subscriber Code,
username, user ID, or password which you may have received from
Malinchak.com, and all information to which you have access through
password-protected areas of Malinchak.com's websites and will not
cause or permit any such information to be communicated, copied
or otherwise divulged to any other person whatsoever.
Other Legal
Stuff
These Terms
of Use will apply to every access to Malinchak.com. Malinchak.com
reserves the right to issue revisions to these Terms of Use by publishing
a revised version of this document on this site: that version will
then apply to all use by you following the date of publication.
Each access of information from Malinchak.com will be a separate,
discrete transaction based on the then prevailing terms.
This Terms of
Use and the license granted may not be assigned or sublet by You
without Malinchak.com's written consent in advance.
These Terms
of Use shall be governed by, construed and enforced in accordance
with the laws of the Nevada, as it is applied to agreements entered
into and to be performed entirely within such jurisdiction.
To the extent
you have in any manner violated or threatened to violate Malinchak.com
and/or its affiliates' intellectual property rights, Malinchak.com
and/or its affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of Nevada, and you consent
to exclusive jurisdiction and venue in such courts.
Any other disputes
will be resolved as follows:
If a dispute
arises under this agreement, we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following
location: Las Vegas, NV. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each
of us.
If it proves
impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration
at the following location: Las Vegas, NV, under the rules of the
American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction
to do so.
If any provision
of this agreement is void or unenforceable in whole or in part,
the remaining provisions of this Agreement shall not be affected
thereby.
Termination
These Terms
of Use agreement are effective until terminated by either party.
You may terminate this agreement at any time by destroying all materials
obtained from any and all Malinchak.com site(s) and all related
documentation and all copies and installations thereof, whether
made under the terms of this agreement or otherwise. This agreement
will terminate immediately without notice at Malinchak.com's sole
discretion, should you fail to comply with any term or provision
of this agreement. Upon termination, you must destroy all materials
obtained from this site and any and all other Malinchak.com site(s)
and all copies thereof, whether made under the terms of this agreement
or otherwise.
CONTACTING
US
We can be reached
by contacting office directly. We look forward to hearing from you.
James Malinchak
International, Inc.
P.O. Box 530061
Henderson NV 89012
(888) 793-1196 Office
(702) 568-9412 Fax |
